Wickard v. Filburn

For example, even more so than Congress’s commerce power, there is a broad interpretation of the federal legislature’s taxing power. This fact was exploited by SCOTUS in National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012). This particular case had to do with the constitutionality of the Patient Protection and Affordable Care Act’s Individual Mandate. In the opinion of the court, Justice Roberts wrote that “the commerce power… does not authorize the mandate”. However, the case did not stop there. Justice Roberts goes on to say “[t]hat is not the end of the matter. Because the Commerce Clause does not support the individual mandate, it is necessary to turn to the Government’s second argument: that the mandate may be upheld as within Congress’s enumerated power to ‘lay and collect Taxes.’ Art. I, §8, cl. 1.” The court ended up justifying that the Individual Mandate was constitutional. SCOTUS’s logic was that the Individual Mandate…

Filburn (1942). The Court reasoned that local production, which in this case was wheat, intended for home consumption “reduced the market demand… and thus could have a substantial effect on interstate commerce;” (Miller and Jentz 35). This resulted in the local production falling subject to the commerce clause and Congress’ right to regulate it because it, although far stretched, was thought to, in aggregate, substantially change demand and thus change the outcome interstate commerce. Wickard v.…

throughout the history of the Supreme Court, such as “Wickard V. Filburn (1942),” “Gonzalez V. Raich (2005),” “Gibbons V. Ogden (1824),” among others is a great way to gain a…

The question presented to the Supreme Court in Raich v. Gonzales is whether or not the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors prescribed to them medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Breyer’s strand of pragmatism. The premise of that approach is that the Constitution…

National Association of Bros v. United States (2015) In The PLAY Act of 2015, Congress made it a federal offense “for individuals aged 18 through 35 to play video games for more than 8 hours per week” citing their Commerce Clause and taxing those who choose to play over the allotted 8 hours per week through their Taxing and Spending Clause. Although, Congress has passed many laws in the name of both the Commerce Clause and the Taxing and Spending Clause, we the court must define which activities…

Usery would be overturned in 1985 by Garcia v. San Antonio Metropolitan Transit Authority, where it established that the federal government did in fact have this authority under the Commerce Clause. Rehnquist maintained his previous position in his dissent where in emphatically rejected the notion of granting federal authority in such an important matter, “The true "essence" of federalism is that the States as States have legitimate interests which the National Government is bound to respect…

While older than The Dark Knight, the movie V for Vendetta takes a step out of stereotypical villain and moves toward the Anti-Hero archetype. Enter a world beset by chaos which was overcome by the restrictive and controlling government installed by a Chancellor Sutler. At start of the movie the main character Evey Hammond is on her way to a date, and running late she winds up being out past curfew. She gets set upon by several men whom she believes to be rapists. When she tries to defend…

In this, Luther is committing to the laity the reformation required by God by neglecting the pope and clergy. He then mentions that they should take advantage of Charles V being king of Germany. Luther says this because Charles V is young and inexperienced, and not only that, but also Charles V won the kingship because he had the most money. He then explains that the first thing they must do is to ponder the matter with great diligence, while at the same time not trusting in their own strength…

In the mid-1520s, the Peasants ' War in southern Germany rattled both the political and social foundations of central Europe. The German Peasants War was the largest peasant insurrection to take place in European history as well as the most monumental rebellion prior to the French Revolution. There is a key to determining the ties between the Christianity, rebellion, and violence in the Peasants War of 1525. It is to examine the relationship of Martin Luther 's revolt against the papal church…

step to any problem is to identify that there is a problem. Government have been a very delicate system people of generations have dealt with. It seems like in history it has always been the government that start the wars, or at least it comes back to the government. In V for Vendetta, V who is the main character of this film, hi-jacks a television station that has an emergency channel and gives his revolutionary speech. Within this speech he gives some reasons on why his government may be…